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(영문) 춘천지방법원 2017.11.09 2017고단715

도로교통법위반(음주운전)

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2017 Highest 715] The Defendant has been punished for driving under drinking on two or more occasions, including a fine of two million won on December 6, 2006, a fine of 1.5 million won on September 23, 201, and a suspended sentence of two or more times on October 12, 2012 by imprisonment with labor for a period of two or more years.

On June 20, 2017, the Defendant driven a B 2 freight truck under the influence of alcohol content of about 0.123% in the front of the “(Gu) lecture hall” located in the 2402 Sin-ro in the front of the convenience store in which it is difficult to identify the trade name in the outcoming route in Chuncheon City, the Defendant driven a B 2 freight truck under the influence of alcohol content of blood at about 1km.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

[2017 Highest 954] On September 8, 2017, the Defendant driven approximately 8km B 2 truck from the frontway to the frontway of the rocks in Chuncheon-si without a driver’s license on September 17:18, 2017 to the frontway of the agrochemicals of new seeds and seedlings 9k-ro, Macheon-ro, Macheon-ro, Macheon-ro, Macheon-ro, Macheon-ro, Do.

Summary of Evidence

[2017 Highest 715]

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. A previous conviction in judgment: A written inquiry (2017 highest 954);

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as reporting on the circumstances of driving without a license, enforcement photographs, and the ledger of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) and the choice of imprisonment, respectively;

1. The reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes have already been punished three times by driving under drinking, and three times by driving without a license. In particular, the Defendant committed each of the crimes of this case without being sentenced to a suspended sentence of six months by driving under drinking in 2012 and two years by a suspended sentence of six months by driving without a license in 2015 and two years by a suspended sentence of six months by driving without license in 2015.

The driving of this defendant's drinking is the same.